Raleigh Truck Accident Lawyer
Pursuing Justice For Victims Of Truck Accidents
Truck accidents often involve more complicated legal and insurance issues than typical car accidents, and our Raleigh, NC truck accident lawyer is here to help you. The size and weight of trucks can result in more severe injuries and damage, making the claims more substantial. Furthermore, trucking companies have their own teams of lawyers and insurance adjustors who are skilled in minimizing these claims. Our experienced personal injury lawyer is familiar with these complexities and have the necessary skills to navigate them effectively. Our attorney Jason Burton is a fifth-generation attorney and has over a decade of experience helping his clients receive over $40 million in settlements. He has been named as a Top 10 Personal Injury Attorney Under 40 by the National Academy of Personal Injury Attorneys and one of America’s Top 100 Personal Injury Attorneys. He’s also a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum. If you have been in a truck accident, contact the Burton Law Firm today.
Determining Liability In Truck Accident Cases
Determining liability in a truck accident is challenging due to the numerous parties involved. Identifying the responsible party is imperative for victims seeking compensation for their injuries and damages.
- Truck Driver: If the accident resulted from the truck driver’s negligence, such as reckless driving, speeding, blind spots, distracted driving, driver fatigue, or driving under the influence, the driver can be held liable.
- Trucking Company: The company employing the driver can be held responsible, especially if they failed to adhere to regulations, neglected vehicle maintenance, or hired an unqualified driver.
- Truck Manufacturer: If a vehicle defect contributed to the accident, the manufacturer might be held liable for producing a faulty product.
- Cargo Loaders: Improperly loaded or secured cargo can lead to accidents. The party responsible for loading the truck could be held accountable.
- Maintenance Providers: If poor maintenance or faulty repairs contributed to the accident, the maintenance provider could be liable.
Trucking Company Responsibilities
Trucking companies have a legal obligation to ensure the safety of their vehicles and drivers. Their responsibilities include:
- Hiring Qualified Drivers: Companies must hire drivers who possess the necessary licenses and training to operate commercial trucks safely.
- Conducting Background Checks: Companies should conduct thorough background checks on drivers to ensure they have a clean driving record.
- Providing Proper Training: Drivers must receive adequate training, including safety procedures and regulations.
- Ensuring Vehicle Maintenance: Companies are responsible for confirming their trucks are in good condition and receive regular maintenance.
- Adhering To Regulations: Trucking companies must comply with all federal and state regulations, including hours-of-service regulations to prevent driver fatigue.
- Securing Cargo: Companies need to properly load and secure cargo to prevent accidents caused by shifting loads.
In the event of a truck crash, victims may feel overwhelmed and uncertain about the steps to take. At the Burton Law Firm we are here to help guide you through the legal process and aggressively protect your rights.
- Comprehensive Investigation: We conduct a thorough investigation to determine liability and gather evidence to support your claim.
- Skilled Negotiation: Our team negotiates with insurance companies and liable parties so you receive fair compensation.
- Aggressive Representation: If necessary, we are prepared to take your case to court to fight for your rights.
- Personalized Attention: We provide personalized attention to each case, make sure that your questions are answered, and keep you informed throughout the process.
Dealing With Multiple Parties And Large Insurance Policies
Unlike typical auto accidents, truck collisions often involve multiple parties – from the truck driver to the trucking company, and possibly other entities like cargo loaders or vehicle manufacturers. Each party may have their own insurance and legal representation. This multiplicity can complicate the claims process. Our Raleigh truck accident lawyers are adept at dealing with multiple parties and large insurance policies, so that your claim addresses all possible avenues for compensation.
Securing Fair Compensation For Severe Injuries
The injuries sustained in truck accidents are often more severe due to the sheer size and weight of commercial trucks. This can lead to more significant medical bills, longer recovery periods, and greater pain and suffering. Our legal team is committed to securing our clients receive fair compensation that covers all aspects of their damages, including current and future medical expenses, lost wages, and emotional distress.
Statute of Limitations For Truck Accident Lawsuits
The statute of limitations is the time limit you have to file a lawsuit after an accident. It is important to be aware of this timeframe, as failing to file within the statute of limitations can result in losing your right to sue. In most states, the statute of limitations for personal injury cases, including truck accidents, is typically two to three years from the date of the accident. However, this can vary by state. There may be exceptions that could extend or shorten this timeframe. For example, if the victim is a minor or if the injuries were not discovered immediately.
Compensation For Truck Accident Victims
Truck accidents can be devastating, often leading to severe injuries, substantial medical bills, and a significant impact on victims’ lives. Understanding the complications of truck accident compensation is essential for anyone involved in such an incident in Raleigh, North Carolina. We specialize in dealing with these legal challenges and advocating for the rights and entitlements of our clients.
The first step towards securing fair compensation after a truck crash is to consult with our knowledgeable personal injury attorneys. Truck accident cases are typically more detailed than standard car accident claims due to the size of the vehicles involved and the regulations governing the trucking industry. We possess a deep understanding of both state and federal trucking regulations. Our experience allows us to effectively investigate your accident, identify all liable parties, and build a strong case on your behalf.
Victims of truck accidents may be entitled to various types of compensation, including, but not limited to, medical expenses, lost wages, pain and suffering, and property damage. In cases of wrongful death, families may also seek compensation for funeral expenses and loss of consortium. Our team works diligently so that every aspect of your loss is accounted for and that you receive the maximum compensation possible.
Proving Negligence
A critical component of any truck accident claim is proving negligence. This involves demonstrating that the truck driver, trucking company, or another party failed to exercise reasonable care, leading to the accident. Our attorneys are adept at gathering evidence, including driver logs, truck maintenance records, and eyewitness statements, to prove negligence and hold the responsible parties accountable.
Comparative Fault
North Carolina operates under the doctrine of contributory negligence, which can be particularly harsh for truck accident victims. This doctrine bars recovery if the victim is found even slightly at fault for the accident. Our experience managing this challenging aspect of North Carolina law is viral. We work tirelessly to minimize any allegations of fault against our clients, maximizing their potential for recovery.
Determining The Value Of Your Claim
The value of a truck accident claim can vary significantly depending on the specific circumstances of the case. Several factors contribute to determining the value, and understanding these can provide insight into what you might expect from your claim.
Compensation typically includes the cost of medical treatment, including hospital stays, surgeries, medications, and any future medical care required as a result of the accident. If your injuries have resulted in time off work, you may be eligible for compensation for lost wages. This also includes potential future earnings if your ability to work has been permanently affected. Compensation for repair or replacement of your vehicle and any other personal property damaged in the accident is typically included. Non-economic damage compensates for the physical pain and emotional distress caused by the accident. The severity of your injuries and their impact on your life play a significant role in determining this amount. In cases where the at-fault party’s actions were particularly reckless or malicious, you might be awarded punitive damages as a form of punishment.
Common Injuries In Truck Accidents
Understanding the severity of your injuries sustained in truck accidents highlights the need for comprehensive legal and medical support. Our personal injury attorney recognizes the profound impact these injuries can have on an individual’s life and are dedicated to helping victims obtain the compensation they need for medical expenses, rehabilitation, and other damages. If you or a loved one has been involved in a truck crash resulting in any of these serious injuries, seeking legal counsel as soon as possible is essential in ensuring your rights are protected and you are adequately compensated for your losses. Truck accidents often result in severe injuries, given the size and weight of these vehicles. Some of the common injuries include:
- Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) are among the most serious consequences of truck accidents. These injuries occur when the head suffers a severe impact or jolt, a common occurrence in truck collisions. The aftermath of a TBI can range from mild concussions to severe brain damage, leading to long-term cognitive impairments, memory loss, and changes in personality or emotional functioning. Victims may require ongoing rehabilitation and may never fully regain their pre-accident abilities. TBIs are particularly insidious as they are not always immediately apparent post-accident, making early medical evaluation crucial.
- Spinal Cord Injuries
Spinal cord injuries are another devastating outcome of truck accidents, with the potential to cause partial or complete paralysis (paraplegia or quadriplegia). These injuries result from damage to the spinal cord itself or to the nerves at the end of the spinal canal. The impact of such injuries on a person’s life is profound, often requiring long-term medical care, physical therapy, and adjustments to living and working environments. The emotional and financial toll of these injuries is immense, not only for the victims but also for their families.
- Broken Bones
The sheer force involved in a truck accident can easily result in broken or fractured bones. These injuries can range from simple fractures, which may heal relatively quickly, to complex breaks that require surgical intervention and prolonged rehabilitation. Recovery times can be extensive, and in some cases, victims may experience long-term complications such as chronic pain or reduced mobility.
- Internal Injuries
Internal injuries are particularly treacherous because they may not be immediately obvious following an accident. These injuries can include damage to internal organs like the lungs, liver, kidneys, or spleen. Internal bleeding or ruptured organs can be life-threatening if not promptly diagnosed and treated. The symptoms of internal injuries may take time to manifest, emphasizing the importance of immediate medical attention after a truck accident, even if no external injuries are evident.
- Burns
Burn injuries can occur in truck accidents, especially if the collision leads to a fire or explosion. These injuries can range from first-degree burns (affecting only the outer layer of the skin) to third-degree burns (affecting deep layers of skin and underlying tissues). Severe burns require immediate medical attention and can lead to prolonged hospital stays, significant pain, and extensive rehabilitation. Burn victims may also suffer from scarring and disfigurement, leading to emotional and psychological trauma.
Raleigh Truck Accident Infographic
Truck Accident Statistics
According to national statistics, in 2022, out of the 168,320 accidents, 54,667 resulted in an injury. Texas had the most truck accidents with injuries followed by California, New York, Florida, and North Carolina. In that same year, 5,370 people were killed in truck accidents. While roughly 17 percent of fatalities are occupants of the large truck, approximately 72 percent are occupants in other vehicles. The remaining 11 percent are pedestrians or bicyclists.
Truck Accident FAQs
Truck accidents can be devastating, leaving victims with serious injuries, costly medical bills, and uncertainty about what to do next. At Burton Law Firm, we understand how overwhelming this situation can be. That’s why we’re here to answer your most pressing questions and guide you through the legal process. Our goal is to protect your rights and help you pursue the compensation you deserve.
What Should I Do Immediately After a Truck Accident?
Immediately after a truck accident in Raleigh, NC, your priority should be your safety and that of any passengers. Call 911 to report the accident and seek medical attention, even if you believe your injuries are minor, as some symptoms may not appear until later. Document the scene with photos and gather contact information from witnesses and the truck driver, including their insurance details. It’s also imperative to avoid discussing fault at the scene. Lastly, contact our attorney as soon as possible to discuss your case and understand your legal options. Early legal guidance can be pivotal in protecting your rights and securing a favorable outcome.
What Evidence Is Important In A Truck Accident Case?
Strong evidence is critical in proving fault and securing compensation after a truck accident. This can include the truck’s black box data, dashcam footage, driver logs, maintenance records, eyewitness statements, accident scene photos, and police reports. In some cases, expert analysis may be necessary to reconstruct the accident. Our legal team can gather and preserve the evidence needed to build a strong case on your behalf.
What if the Trucking Company Contacts Me After the Accident?
If a trucking company or its insurance representatives reach out after the accident, it’s best to avoid speaking with them until you have legal representation. These companies often try to minimize their liability by obtaining statements or offering quick, low settlements. Anything you say could be used against you to reduce or deny your claim. Instead, refer them to your attorney, who can handle all communications on your behalf.
Can I Still File A Claim if I Was A Passenger?
Yes, as a passenger injured in a truck accident, you have the right to pursue compensation for your injuries. Depending on the circumstances, you may be able to file a claim against the truck driver, trucking company, another negligent driver, or even the driver of the vehicle you were in. Because truck accidents often involve multiple liable parties, seeking legal guidance can help you determine the best course of action.
How Are Truck Accidents Different From Car Accidents?
Truck accidents tend to be more complex than typical car accidents due to the size and weight of commercial trucks, which often result in more severe injuries and damages. Additionally, multiple parties—such as the truck driver, trucking company, cargo loaders, and vehicle manufacturers—may share liability. Federal trucking regulations also come into play, adding another layer of complexity to these cases. Our legal team understands the unique challenges of truck accident claims and can help navigate the process.
Every truck accident case is unique, and getting the right legal support can make all the difference in your recovery. If you or a loved one has been injured in a truck accident, don’t navigate this alone. Contact Burton Law Firm today for a free consultation, and let us fight for the justice and compensation you deserve.
Burton Law Firm, Raleigh Truck Accident Attorney
219 N Boylan Ave, Raleigh, NC 27603
Contact Our Raleigh Truck Accident Lawyer Today
At the Burton Law Firm, we understand the challenges that come with dealing with the aftermath of a truck accident in Raleigh. Our team is dedicated to providing comprehensive legal support, guiding our clients through every step of the legal process with knowledge and compassion. We take pride in our ability to offer personalized attention to each case, so that we understand the full extent of your losses and the impact on your life. By entrusting your personal injury case to us, you gain access to a wealth of legal knowledge and a commitment to securing the maximum compensation you are entitled to. Contact us today to get started.
Client Review
“Mr. Burton is a very knowledgeable and trustworthy attorney. He gave me honest feedback on my case in a professional and friendly manner. I would absolutely refer him to anyone who needs a good attorney to help you through the court system, he will be by your side from beginning to end!”
Megan Halloran
Read more client reviews here.
Client Review
“Jason is the best lawyer anyone could ever use in this area. From the moment that I first contacted him concerning an auto accident I was involved in, he erased all worry that I had. I was not a major client, but every time we talked, he made me feel as if I was the most important client he had. He made it simple, easy and always explained the steps completely and in terms I could understand. If you ever need a lawyer, please, please contact Jason. You will never regret using him”
Earl Caudill
